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MBNA Ignoring CCA request - Accepting Token Payments - Letters feel like a threat for me to back off....

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Hello folks,


My first post on the MBNA forum, they have been accepting token payments since Christmas 08 and I appreciate the space they have given me as we have plenty of other immediate debts to deal with who arent accepting the token payments.


As they have been reasonable, so have I. I CCA'd them in March and had no response. A week or so after they are in default of the first CCA request, I get a letter politely informing me that I am not on a formal reduced payment plan, which means the account continues to fall into arrears. It goes on to say that unless I make arrangements to settle the debt they will eventually charge it off as bad debt. The told me the same as this when they first agreed to the token payments.


Left them alone because they were leaving me alone.


Another few weeks passed by and I sent a CCA reminder letter. Get a second letter from MBNA (again no reference to my letters to them or my CCA request), stating the same as the above.


At that point it felt like they were being threatening in a nice way, sort of 'dont rock our boat and we wont rock yours' type of attitude.


Recently I received another similar letter in response to my last letter which placed the account in dispute due to their complete failure to even acknowledge my CCA requests, never mind them not having provided under them. This letter was similar to the other 2, however they added in that they would like to try to come to some kind of payment plan, rather than sell the debt off. They state:


"it may be that we just need a small increase on what you or your authorised third party are currently paying".


They also thank me for making every effort to continue addressing the situation by making some kind of payment on the account - which I have been doing each month.


Now to my little mind, this all seems like threats for me to back off, although I also assume that they are now genuinely close to selling the debt off, so I wonder what my next move should be?


My initial thought is to send another CCA, another letter in dispute and due to the failure of all previous CCA requests, also include a CPR 31.16 letter, showing them that if they are intending to turn up the heat, then so will I.


I dont want this to get sold off to a DCA, so id rather see it being held onto by MBNA for the time being.


How can I force them to take notice?


All letters I sent Recorded and all recorded slips present and correct.




Meerkat x

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Thanks Supasnooper,


Do you reckon it will stay with them in terms that they will maintain a token payment relationship with me or they will equitably assign it to a DCA to collect, but they will hold onto all rights to the debt?


Im curious to know how this could play out, as obviously they are ignoring my CCA requests to date. I have read elsewhere that they deny recieving these letters, but I have proof of signature and delivery so they cant take that stance with me.


In my letter for the CPR 31.16, should I use as my reasoning for writing it to them as being their failure to provide under the CCA S.78?


Should I expect them to dump the temporary arrangement of token payments in response to this letter and if so, what should my next move be?


Thanks again,


meerkat x

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  • 4 weeks later...

Update here with this one folks,


Today many months after my first request under CCA 1974, MBNA send me my application. And worst of all it appears enforceable.


They admit in their cover letter that it is the original agreement and that it isnt very clear, but it is the best copy they can provide.


The prescribed terms are listed, but they have also added modern T&C's which they state are applicable.


Ive so far only managed to find two references to the document being an application, but I am a little confused as the rear of the same A4 page is printed, and shows my credit limit, which is something that I would not have known until they had accepted me for the card - it was not pre-approved.


Its quite unclear in places, but in those areas that matter (prescribed terms and my signature) it is clear.


Am I stuffed?


Meerkat x








Edited by meerkatsmimm
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